Kamali Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14356 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -KOPA District- SARAN ======================================================

1. Kamali Manjhi,

2. Gulab Chand Manjhi, Both are sons of Late Dukh Haran Manjhi, resident of Village- Pokhar Bhinda, P.S.- Kopa, District- Saran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Kopa P.S. Case No. 02 of 2017 for the offences punishable under sections 272 and 273 of the I.P.C and section 30 of the Bihar Excise and Prohibition Act, 2016.

Allegedly, raid was conducted at Village- Pokhar Bhinda and after seeing the police party the persons started fleeing away but after chase Amar Nath Manjhi @ Nanhki was apprehended and he stated the names of the petitioners that they succeeded in fleeing away.

Submission is of false implication and that besides the confessional statement of co-accused Amar Nath Manjhi there is

Patna High Court Cr.Misc. No.14356 of 2017 (2) dt.17-05-2017 2/2 no other material against the petitioners, both the petitioners have got enmity with Amar Nath Manjhi and due to that he implicated the petitioners after stating falsely before the police, the petitioners have got no concern with the business of liquor, they have got no criminal antecedents and as such they deserve sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.

In the facts and circumstances as stated above, considering that the names of the petitioners have come in the confessional statement of co-accused Amar Nath Manjhi and besides that there is no other material against them and as such they, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. A.C.J.M-IV, Saran, Chapra in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T